Cornell Student Challenges Letitia James Appointment

Gillio Lopes, a Cornell University student accused of sexually assaulting a classmate, is asking a state judge to remove New York Attorney General Letitia James from the criminal investigation. His legal team contends that James demonstrated a presumption of guilt through public remarks made after the initial civil lawsuit emerged. If successful, the motion would void the executive order that appointed James as special prosecutor in late October.

The dispute stems from a post James made on her official X account on September 28. She described the experience of the plaintiff, Jane Doe, as horrific and unacceptable while stating that she stood with survivors. Three days later, Governor Kathy Hochul named James as special prosecutor. This move followed Hochul’s decision to lose faith in the Tompkins County district attorney, who had previously concluded the allegations did not support criminal charges.

Lawyer Andrew Miltenberg filed a petition on October 7 arguing that James’s comments were more than simple compassion. He wrote that the appointment was improper because James unequivocally demonstrated bias against the defendants in the civil case. Miltenberg stated that no person who made such a statement is the right person to restore confidence in the investigation. He clarified that he does not dispute the governor’s authority to appoint a prosecutor, only that James has already picked a side.

The defense for the attorney general argues that courts have limited authority to review the governor’s use of appointment powers. Their lawyers called Lopes’ concerns wildly speculative and described James’s remark as a single empathetic statement that did not prejudge the outcome. They noted that such concerns are premature and could be renewed if a criminal case is eventually filed.

State Judge James Farrell will hear arguments on Thursday. The Republican judge, elected in 2019, has allocated 30 minutes for each side to present their case. James, who is currently running for reelection, is not expected to attend the hearing. This proceeding is one of two legal challenges aimed at removing James from the case. A separate motion filed by another accused student is pending in Tompkins County.

The hearing occurs while Cornell’s Faculty Senate weighs a no-confidence vote on the university’s handling of the ongoing crisis. The school’s board of trustees hired Sally Yates, a former deputy US attorney general, to lead an outside investigation into the administration’s response. The non-binding faculty vote would not force the resignation of the president but would add pressure to the administration.

Lopes is currently attending Cornell with two semesters remaining before graduation. He was suspended for one academic year and required to complete a class and submit a reflective paper following the Title IX process. Miltenberg denied the allegations, stating that Lopes’ own encounter was consensual and occurred before messages inviting others to the room were sent.